Kerala High Court
V.N.Shuhaib vs Kattayattummal Thanneepoyil Jama-Ath ... on 25 September, 2024
Author: Amit Rawal
Bench: Amit Rawal
CRP(WAKF) NO. 56 OF 2019 1
2024:KER:74693
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA,
1946
CRP(WAKF) NO. 56 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.131 OF 2019
OF WAKF TRIBUNAL, KOZHIKODE
REVISION PETITIONER/S:
1 V.N.SHUHAIB
AGED 29 YEARS
S/O.CHEKKU, VAYALIL NECHOLI HOUSE, ANAYAMKUNNU,
KARUMARANALLUR AMSOM, ANAYAMKUNNU DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT PIN-673602
2 A.P.MOYIN
AGED 67 YEARS
S/O.MOIDEEN, MALAMKUNNU, KODIYATHUR AMSOM,
PANNIKKODE DESOM, KOZHIKODE TALUK, KOZHIKODE
DISTRICT, PIN-673602
3 V.N.UNNIMOYIN
AGED 41 YEARS
S/O.VAYALIL NECHOLI MARAKKAR, ORMAYIL HOUSE,
KAKKAD AMSOM KARASSERY DESOM KOZHIKODE TALUK,
KOZHIKODE DISTRICT, PIN-673602
BY ADVS.
P.A.ABDUL JABBAR
MUHAMMED SHAFFI
SHAHIM BIN AZIZ
CRP(WAKF) NO. 56 OF 2019 2
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RESPONDENT/S:
1 KATTAYATTUMMAL THANNEEPOYIL JAMA-ATH PALLI
COMMITTEE
REPRESENTED BY ITS PRESIDENT, V.E.MOYIMON HAJI,
S/O.VEERANKUTTY HAJI, AGED 80 YEARS, SHEREEFA
MANZIL, MUMARANALLUR AMSOM, ANAYAMKUNNU DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN-673602
2 V.E.MOYIMON HAJI,
AGED 80 YEARS
S/O.VEERANKUTTY HAJI, PRESIDENT, KATTAYATTUMMAL
THANNEEPOYIL JUMA-ATH PALLI COMMITTEE, SHEREEFA
MANZIL, KUMARANALLUR AMSOM, ANAYAMKUNNU DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT PIN-673602
3 V.M.USSANKUTTY
AGED 62 YEARS
S/O.V.M.UNNIMOYI, SECRETARY, KATTAYATTUMMAL
THANNEEPOYIL JUMA-AT PALLI COMMITTEE, NERILAKKAN
HOUSE, KUMARANALLUR AMSOM, ANAYAMKUNNU DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN-673602
4 THE KERALA STATE WAQF BOARD,
REP BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD,
KALOOR, KOCHI-682017
5 M.P.ABDUSALEEM
AGED 48 YEARS
S/O.AALI HASSANKUTTY, MAREENA MANZIL, AAYAMKUNNU,
KARUMARANALLUR AMSOM, ANAYAMKUNNU DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT PIN-673602
BY ADVS.
SRI.K.A.JALEEL
SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
SRI.C.Y.VINOD KUMAR
Jamsheed Hafiz
OTHER PRESENT:
SRI JAMSHEED HAFIZ SC WAQF
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRP(WAKF) NO. 56 OF 2019 3
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JUDGMENT
Petitioners / Plaintiffs 1,3 and 4 in original suit No.131
of 2019 sought the indulgence of the Tribunal for appointment
of the Advocate Commissioner to conduct the elections of the
respondent No.1, Jama-ath Palli Committee after preparing the
voters list of all the persons who are eligible for the general
body membership and for prohibitory injunction restraining the
respondents 1 to 3 from creating any documents to the effect
that an election is conducted to the 1 st respondent Sangham
and from conducting any election as their own till the final
disposal of the suit. The suit aforementioned has been
dismissed and revision is pending without any interim stay.
2. Learned counsel appearing on behalf of the respondent
submits that election in the year 2020 has already been held
and the new members of the committee had been elected.
On the contrary, learned counsel for the petitioner submits that
the matter with regard to the members of the mosque is still
pending consideration.
3. Since the new elections have already been held, if at
all, the petitioners were aggrieved of, they could have
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challenged the election. In this view of the matter, nothing
survives in this petition. The petition is ordered to be closed
with a liberty to the petitioner to assail the matter in case
anything survives.
SD/-
AMIT RAWAL
JUDGE
SD/-
sab EASWARAN S.
JUDGE
